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FBOH TU8 



PRESIDENT OF THE UNITED STA.TES, 



TRANSMITTING, 



(In pursuance of a Resolution of the Senate of the 25th inst.) 



SUNDRY PAPERS RELATIVE TO 



The 'Recognition of the Independence 



THE SOUTH AMERICAN COLONIES, 



APRIL 26, 1822. 
Printed by order of the Senate of the United States 



SBINTED By GALES ^ SEATOK 
1821. 



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0. OF 0, 
CjGT' 9 1918 



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[89] 



TO THE SENATE OF .THE UNITED STATES; 

I transmit to the Senate, agreeably to their resolution of yester- 
day, a report from the Secretary of State, with copies of the papers 
requested by that resolution, in relation to the recognition of the 
South American Provinces. 

JAMES M-ONROE. 
Washington, 9.6th April, 1822. 



189 3 



Deja»tment OF State, 

25£A Jpril, 182£. 

The Secretary of State, to whom has been referred a resolution of 
the Senate, of this day, requesting the President to communicate to 
the Senate any information he may have, proper to be disclosed, 
from our Minister at Madrid, or frem the Spanish Minister resident 
in this country, concerning the views of Spain relative to the recog- 
nition of the Independence of the South American Colonies, and of 
the Dictaraen of the Spanish Cortes, has the honor to submit to the 
President copies of the papers particularly referred to. 

JOHN QUINCY ADAMS» 

ENCLOSURES. 

The Spanish Minister to the Secretary of State, 9th March, 1822^ 

(Translation.) 
Secretary of State to the Spanish Minister, 6th April, 1 822. 
Spanish Minister to the Secretary of State, 11th April, 1822. 
Mr. Forsyth to the Secretary of State, 14th February, 1822. (Ex* 

tract.) 
Bictamen of the Cortes, 12th February, 1822. 



7 , [ 89 ] 

[transxation.] 

Don Joaquin de Anduaga to the Secretary of State. 

Washington, March 9, 182S. 

Sir: In the National Intelligencer of this day, I have seen the 
message sent by the President to the House of Representatives, in 
which he proposes the recognition, by the United States, of the insur- 
gent governments of Spanish America. How great my surprise 
was, may be easily judged by any one acquainted with the conduct 
of Spain towards this Republic, and who knows the immense sacrifi- 
ces which she has made to preserve her friendship. In fact, wha 
could think, that, in return for the cession of her most important 
provinces in this hemisphere; for the forgetting of the plunder of her 
commerce by American citizens; for the privileges granted to their 
navy; and for as great proofs, of friendship as one nation can give 
another, this Executive would propose that the insurrection of the 
ultra marine possessions of Spain should be recognized? And, more- 
over, will not his astonishment be augmented to see that this power 
is desirous to give the destructive example of sanctioning the rebel- 
lion of provinces which have received no offence from the mother 
country, to those to whom she has granted a participation of a free 
constitution, and to whom she has extended all the rights and prero- 
gatives of Spanish citizens? In vain will a parallel be attempted to 
be drawn between the emancipation of this Republic, and that which 
the Spanish rebels attempt; and history is sufficient to prove, that if 
a harassed and persecuted province has a right to break its chains^ 
others, loaded with benefits, elevated to the high rank of freemen, 
ought only to bless and embrace more closely the protecting country 
which lias bestowed such favors upon them. 

But even admitting that morality ought to yield to policy, what is 
the present state of Spanish America, and what are its governments, 
to entitle them to recognition? Buenos Ayres is sunk in the most 
complete anarchy, and each day sees new despots produced, who dis- 
appear the next. Peru, conquered by a rebel army, has near the 
gates of its capital another Spanish army, aided by part of the inha- 
bitants. In Chili, an individual suppresses the sentiments of the inha- 
bitants, and his violence presages a sudden change. On the coast 
of Firma, also, the Spanish banners wave, and the insurgent gene- 
rals are occupied in quarrelling with their ow n compatriots, who pre- 
fer taking the part of a free power, to that of being the slave of an 
adventurer. In Mexico, too, there is no government, and the result 
of the questions which the chiefs commanding there have put to Spain 
is not known. Where, then, are those governments which ought to 
be recognized? Where the pledges of their stability? Where the proof 
that those provinces will not return to a union with Spain, when so 
many of their inhabitants desire it? And, in fine, where the right of 



L 8^] » 

the United States to sanction and declare legitimate a rebellion, 
without cause, and the event of which is not even deci.led? 

I do not think it necessary to prove, that if the state of Spanish 
America were such as it is represented in the message; that if the ex- 
istence of its governments were certain and established,- that if the 
impossibility of its re-union with Spain were so indisputable; and 
that if the justice of its recognition were so evident, the powers of 
Europe, interested in gaining the friendship of countries so important 
for their commerce, would have been negligent in fulfilling it. But, 
seeing how distant the prospect is of even this result, and faithful to 
the ties which unite them with Spain, they await the issue of the con- 
test, and abstain from doing a gratuitous injury to a friendly go- 
vernnaent, the advantages of which are doubtful, and the odium cer- 
tain. Such will be that which Spain will receive from the United 
States, in case the recognition proposed in the message should take 
effect; and posterity will be no less liable to wonder, that the power 
which has received the most proofs of thefi'iendship of Spain, should 
be the one delighted with being the first to take a step which could 
Lave only been expected from another that had been injured. 

Although I could enlarge upon this disagreeable subject, I think 
it useless to do so, because the sentiments which the message ought 
to excite in the breast of every Spaniard can be no secret to you. 
Those which the king of Spain will experience, at receiving a notifi- 
cation so unexpected, will be doubtless very disagreeable; and at the 
same time that I hasten to commtinicate it to his majesty, 1 think i^ni^ 
duty to protest, as I do solemnly protest, against the recognition of the 
governments mentioned, of the insurgent Spanish provinces of Jmerica, 
by the United States, declaring that it can in no way, now, or at any 
time, lessen or invalidate in the least the right of Spain to the said pro- 
vinces, or to employ whatever means may be in her power to re-unitS 
them to the rest of her dominions. 

I pray you, sir, to be pleased to lay this protest before the Presi- 
dent; and I flatter myself, that, convinced of the solid reasons which 
have dictated it, he will suspend the measure which he has proposed 
to Congress, und that he will give to his Catholic majesty this proof 
of his friendship and of his justice. 

I remain, with the most distinguished consideration, praying God 
to guard your life many years, your most obedient humble servant, 

JOAQUIN DE ANDUAGA. 
John Quinct Adams, 

Secretary of State. 



9 [ 89 ] 

The Secretanj of State to the Minister from Spain. 

Department of State, 

Washington, 6th Jpril, 1822. 

Sir: Your letter of the 9th of March was, immediately after I had 
the honor of i-eceiviiig it, laid before the President of the United 
States, by whom it has been deliberately considered, and by whose 
direction I am, in replying to it, to assure you of the earnestness and 
sincerity with which this government desires to entertain and to 
cultivate the most friendly relations with that of Spain. 

This disposition has been manifested not only by the uniform course 
of the United States in their direct political and commercial inter- 
course with Spain, but by the friendly interest which they have felt 
in the welfare of the Spanish nation, and by the cordial sympathy 
with which they have witnessed their spirit and energy, exerted in 
maintaining their independence of all foreign control, and their right 
of self-government. 

In every question relating to the independence of a nation, two 
principles are involved, one of right and the other of fact. The for- 
mer, exclusively, depending upon the determination of the nation it- 
self, and the latter resulting from the successful execution of that de- 
termination. This right has been recently exercised, as well by the 
Spanish nation in Europe, as by several of those countries in the 
American hemisphere, which had for two or three centuries been 
connected as colonies with Spain. In the conflicts which have at- 
tended these revolutions, the United States have carefully abstained 
from taking any part respecting the right of the nations concerned 
in them to maintain or new organize their own political constitutions, 
and observing, wherever it was a contest by arms, the most impar- 
tial neutrality. But the civil war in which Spain was for some years 
involved with the inhabitants of her colonies in America, has, in sub- 
stance, ceased to exist. Treaties equivalent to an acknowledgment 
of independence have been concluded by the commanders and Vice 
Roys of Spain herself, with the Republic of Colombia, with Mexico 
and with Peru; while, in the provinces of La Plata and in Chili, no 
Spanish force has for several years existed to dispute the indepen- 
dence which the inhabitants of those countries had declared. 

Under these circumstances, the government of the United States, 
far from consulting the dictates of a policy questionable in its moral- 
ity, has yielded to an obligation of duty of the highest order, by re- 
cognizing as independent states nations, which, after deliberately as- 
serting their right to that character, had maintained and established 
it against all the resistance which had been or could be brought to 
oppose it. This recognition is neither intended to invalidate any 
right of Spain, nor to affect the employment of any means which she 
may yet be disposed or enabled to use, with the view of re-uniting 
2 



[ 89 ] 10 

those provinces to the rest of her dominions. It is the mere ac- 
knowledgment of existing facts, with the view to the regular estab- 
lishment with the nations newly formed, of those relations, political 
and commercial, which it is the moral obligation of civilized and 
christian nations to entertain reciprocally with one another. 

It will not be necessary to discuss with you a detail of facts upon 
which your information appears to be materially different from that 
which has been communicated to this government, and is of public 
notoriety; nor the propriety of the denominations which you have at- 
tributed to the inhabitants of the South American provinces. It is 
not doubted, that other and more correct views of the whole subject 
will very shortly be taken by your government, and that it, as well 
as the other European governments, will shew that deference to the 
example of the United States, which you urge it as the duty or the 
policy of the United States to shevv to theirs. The effect of the ex- 
ample of one independent nation upon the councils and measures of 
another can be just, only so far as it is voluntary; and as the United 
States desire that their example should be followed, so it is their in- 
tention to follow that of others upon no other principle. They con- 
fidently rely that the time is at hand when all the governments of 
Eui'ope friendly to Spain, and Spain herself, will not only concur in 
the acknowledgment of the independence of the American nations, 
but in the sentiment, that nothing will tend more effectually to the 
welfare and happiness of Spain, than the universal concurrence in 
that recognition. 

I pray you, sir, to accept the assurance of my distinguished c«n- 
sideration. 

JOHN QUINCY ADAMS. 

Don JoAQ,uiN DE Anduaga, 

Envoy Extraordinariff ^c. 



[thaxslatiok.] 

Don Joaqutftr de Auduaga to the Secretary oj State. 

PniLADEliPHIA, 

l]th ofjpril, 1822. 

Sir: I had the honor of receiving your note of the 6th instant, in 
which you were pleased to inform me that this government has recog- 
nized the independence of the insurgent provinces of Spanish Ameri- 
ca. I despatched immediately to Spain one of the secretaries of this 
legation, to cairy to his majesty news as important as unexpected; 
and until I receive his royal orders upon the subject, I have only to 
refer to my i)i'otest of the 9th of March last, still insisting upon its 
contents, as if its substance were repeated in the present note. 

With the greatest respect, I renew the assurance of my distinguish- 
ed consideration. 

JOAQUIN DE ANDUAGA. 



1.1 [ 89 ] 



£xtract of a Utter from Mr. Forsyth to the Secretary of State, dated 

Madrid, 14th of February, 1822, 

** I have the honor to enclose to you a hurried translation of the 
last Dictainen of the commission of the Cortes on the affairs of Spa- 
nish America, and the determinations made by that body." 



JHcta'me7i of the commission to whom it was referred to report on the 
state of the provinces of Ultramar , presented February 12, 1822. 

The commission has meditated maturely and circumspectly on the 
proposition of the minister of Ultrd.mar, and, after having heard him, 
has considered the diverse circumstances in which the provinces of 
both Americas are at present, and may be found hereafter, the fruit- 
lessness and inefficacy of the commissions that have been directed to 
the government established in them, and possessed with the noble de- 
sire that the same may not again, with the waste of public treasure, 
and the sacrifice of humanity, occur, is of opinion that the Cortes 
ought not to lose time in considering the proposition of the ministry, 
^ince it will be a consequence of the results; and, in order to obtain 
them, the government, and the commissioners it elects, ought to he 
authorized to hear and to transmit to the legislative power every 
class of propositions, be they what they may; at the same time, it 
judges that the national decorum, and the protection which injustice 
is due to the European and American Spaniards, call for the esta- 
blishment of a basis useful and conducive to the welfare of the Spains. 

Before fixing this basis, and that it may be as productive to the 
common felicity as policy and the national honor require, the com- 
mission lays down the fixed principle, that this new, grand, and le- 
gitimate path for pacific communications being opened, all tieaties be 
esteemed of no value nor efficacy that have been formed between Spa- 
nish chiefs and American governments, which ought to he understood 
as null, as they have been from their origin, as respects the acknow- 
ledgment of independence, inasmuch as they were not authorized, 
nor could such authority be given them, unless by previous declara- 
tion of the Cortes. 

The commissioners may hear all the propositions that may be made 
to them, in order to transmit them to the metropolis, excepting such 
as take away, or limit in any manner, the absolute right of the Eu- 
ropean and American Spaniards, residing in whatever part of the 
ultramarine provinces, to remove and dispose of their persons, fami- 
lies, and property, as they may think proper, without being opposed 
by any obstacle or measure that might prove injurious to tlieir for- 



[ 89 ] ±2 

tunes. Witli this explanation the commission reproduces its anterior 
dictamenjand the Cortes will resolve what may be most proper. 

ESPIGA, 
CUESTA, 

ALVAREZ ESCUDEN. 
TORENO, 
MOSCOSO, 
OLIVER, 
MURPHY, 
]SAVARETTE, 
PAUL. 

The particular vote of the Senor Oliver proposes to add the follow- 
ing clause to thedictamen: 

** That it ought to be understood as not affecting the responsibility 
which persons, whoever they may be, may have incurred in this af- 
fair, nor the rights of the Spanish nation represented by the Cortes 
and the King." 

The particular vote of the Senors Moscoso, Torcno, and Espiga, 
proposes the following additions to the dictamen: 

" 1st. That the Cortes declare that the treaty called that of Cor- 
dova, celebrated between General O'Donojou and the chief of the dis- 
sidents in New Spain, Don Augustin Iturbide, as well as any other 
act or stipulation relative to tlie recognition of Mexican indepen- 
dence by that General, are illegitimate, and null in their effects as to 
the Spanish govei-nnient and its subjects. 

" 2d. That the S|)anish government, by a declaration to all others 
with which it has friendly relations, make known to them, that the 
Spanish nation will regard, at any epoch, as a violation of the trea- 
ties, the recognition, either partial or absolute, of the independence 
of the Spanish provinces of Ultramar, so long as the dissensions^ 
which exist between some of them and the metropolis, are not ter- 
minated, with whatever else may serve to convince foreign govern- 
ments, that Spain has not yet renounced any of the rights belonging 
to it in those countries.*' 

" 3d. That the government be recommended to take all possible 
measures, without any delay, to preserve and re-inforce those points 
of the provinces of Ultramar that remain united to the metropolis, 
obedient to its authority, or that resist the separation from it by the 
dissidents; proposing to the Cortes the resources it requires, and are 
not at its disposal." 

*' 4th. That the Cortes declare, that the provinces of Ultramar, that 
have declared their independence of the metropolis, or do not ac- 
knowledge, de facto, the supremacy of the government of it, ought 
not to have deputies in the Cortes, during their continuance in this 
state." 

The additional vote of Senors Murphy, Navarrete, and Paul, to 
the anterior dictamen, states, that it is their opinion, that, in case of 
the approbation by the Cortes of the dictamen of the Commission, 



13 [89] 

they should not approve the additional votes presented hy some indi- 
viduals of it, as being conti'ary to the ends proposed by the same Com- 
mission, but should put in execution the measures included in the 
dictamen without delay, without prejudice to what the ordinary Cortes 
may opportunely resolve upon, whatever else they may esteem conve- 
nient. 

After a short discussion, whether the dictamen should be discussed 
by itself, or with the additional votes, it was determined that the dic- 
tamen of the Commission should be first discussed. During the dis- 
cussion, propositions to the following effect were presented by the 
Senor Solanot, viz: 

" That the Cortes, with a generosity peculiar to the constitutional 
system by which we are governed, aud fur the general interest of 
the Spaniards of both worlds, declare the independence of all those 
provinces of both Americas, tiiat actually are so at this day, on con- 
dition that each one of those governments pay an annual subsidy 
in recompense of the rights which are renounced; that a treaty of 
commerce be formed on the basis most convenient to the reciprocal 
interests of the American and peninsular Spaniards; that all hostili- 
ties be completely suspended, until this treaty is completely approved; 
that all the Spaniards who may wish to retire to the peninsula may 
do so freely, with all the funds belonging to them, without being 
obliged to pay any duty whatever; that any Spaniard who wishes 
to live in America shall have preserved to him the enjoyment of all 
his rights and property; that every Spaniard who may have been 
deprived of his property and of his rights, iu consequence of the 
anterior disturbances, shall be reinstated in them; that all the 
wealth and property belonging to European Spain shall remain at 
its disposal, and be removed to the peninsula at the expense of Ame- 
rica; that all the troops that are actually in America, belonging to 
European Spain, shall be maintained in the same points at the cost 
of the American government, until the ratification of this treaty; 
that European Spain may dispose of the naval force it has in Ame- 
rica; and that there be established a confederation composed of the 
American governments, under the protection of European Spain, 
upon the bases that may be most convenient, and guarantied as may 
be accorded." 

Senor Munoz Torrero demanded, that the author of these propo- 
sitions should withdraw them immediately, as he had no powers to 
authorize his making them, or if be had, to exhibit them. The Cortes 
accorded, that these propositions should be withdrawn, as contrary 
to the power given to them by the constitution. 

After considerable discussion, the Cortes approved of the dictamen 
as proposed by the Commission. 

On the following day the particular votes were discussed, and de- 
cided as follows: 

That of Senor Oliver was not admitted to a vote. 

That of Senors Moscoso, Espiga, and Toreno, the three first ar-' 
tides approved, and the fourth withdrawn by its author. 



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